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Patna High Court

Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted pre‑arrest bail to the petitioners subject to stipulated conditions.

Summary

The petitioners were charged in Turkauliya PS Case No.577 of 2025 for offences including assault, robbery, and attempted murder under various sections of the Bihar Negotiable Sale Act (BNS). They alleged innocence and argued that no overt act could be directly attributed to them, seeking pre‑arrest bail. The State opposed the bail, contending the seriousness of the allegations. The Court examined the submissions and, finding no overt act linking the petitioners to the crime, ordered that they be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS 2023. The Court also directed the district court to verify any prior criminal antecedents, which could nullify the bail order.

Issues considered

  • Whether pre‑arrest bail can be granted in the absence of an overt act attributable to the accused under Section 482(2) of the BNSS 2023
  • Whether the seriousness of the alleged offences justifies denial of bail

Subjects

  • pre‑arrest bail
  • criminal procedure
  • Bihar Negotiable Sale Act
  • Section 482(2)
  • assault
  • robbery
  • attempted murder
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20357 of 2026
                      Arising Out of PS. Case No.-577 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
           1.     Ajit Yadav @ Ajit Kumar Yadav Son of Late Baldeo Rai @ Baldey Ray
                  Resident of village- Bihithan, Bankat Tola Vitha, P.S. Muffasil, District- East
                  Champaran.
           2.    Rabindra Yadav @ Ravindra Prasad Yadav Son of Late Baldeo Rai @
                 Baldey Ray Resident of village-Bihithan, Bankat Tola Vitha, P.S. Muffasil,
                 District- East Champaran.
           3.    Manoj Yadav @ Manoj Kumar son of Late Baldeo Rai @ Baldey Ray
                 Resident of village- Bihithan, Bankat Tola Vitha, P.S. Muffasil, District- East
                 Champaran.
           4.    Prabhakar Kumar Yadav @ Prabhakar Yadav son of Ravindra Yadav
                 @Rabindra Yadav @ Ravindra Prasad Yadav Resident of village- Bihithan,
                 P.S. Muffasil, District- East Champaran.
           5.    Bibek Yadav Son of Tuntun Yadav Resident of village- Hardia, P.S.
                 Raghunathpur, District - East Chamapran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and the learned APP for the State.

                                2. Petitioners seek pre-arrest bail in connection with

                   Turkauliya P.S.Case No.577 of 2025, registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 303(2), 109,

                   324(4), 352 and 351(2) of BNS.

                                3. As per the allegations made in the FIR, the other
Patna High Court CR. MISC. No.20357 of 2026(2) dt.08-04-2026
                                            2/3




          co-accused persons including the petitioners assaulted the

          informant with iron rod, fats and stick, causing injuries on the

          different parts of his body, as well as, they snatched gold chain

          and gold rings worth Rs.3,50,000/- and also they tried to kill the

          informant by wrapping muffaler around the neck of the

          informant.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioners are innocent. Learned

          counsel further submitted that in absence of overtact attributable

          to them, they deserve to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioners.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, in absence of overtact

          attributable to the petitioners, the petitioners are directed to be

          released on pre-arrest bail, in the event of their arrest or

          surrender before the learned district court within a period of

          four weeks from today, on furnishing bail bond of Rs.10,000/-

          (Ten Thousand) each with two sureties of the like amount each

          to the satisfaction of learned CJM, East Champaran,

          Motihari/concerned court, in connection with Turkauliya

          P.S.Case No.577 of 2025, subject to conditions as laid down
            Patna High Court CR. MISC. No.20357 of 2026(2) dt.08-04-2026
                                                        3/3




                      under Section 482(2) of BNSS of 2023.

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioners and if it is found that the

                      petitioners are involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                (Purnendu Singh, J)
chn/-

U       T


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